The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of assessing the applicability of the exclusive remedy provision of New Jersey’s Workers’ Compensation Act. In Estate of Kotsovska v. Liebman (A-89, June 11, 2015), the plaintiff argued that the decedent was an independent contractor, rendering the exclusivity bar inapplicable and permitting the Superior Court to retain jurisdiction over her personal injury suit. The court ruled that when there is a genuine dispute regarding a worker’s employment status, and the plaintiff files a complaint in the Superior Court only, that court has jurisdiction to resolve the dispute and is not required to transfer the matter to the Division of Workers’ Compensation if the exclusivity bar is raised as an affirmative defense.
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking and enforcement power when it issued its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.
The Office of Federal Contract Compliance Programs (OFCCP) recently announced that 2,250 supply and service contractor establishments would be scheduled for compliance reviews. OFCCP has identified 1,000 of these reviews as promotions and accommodations focused reviews (i.e., 500 promotions focused reviews and 500 accommodations focused reviews).
Giving Thanks: In Employee Relations, Small Gestures Go a Long Way—An Interview With Law Firm Founder Jimmie Stewart
J. Hamilton (Jimmie) Stewart, III is one of the founders of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. He has practiced labor and employment law for nearly five decades. In this interview, he shares his observations about how small, positive steps can make a big difference in employee relations. JATHAN JANOVE:…..